Attachment 5 - Quality Assurance Surveillance Plan.pdf

Attachment 5 HE1280-11-R-0001

QUALITY ASSURANCE SURVEILLANCE PLAN

FOR THE MEDITERRANEAN SCHOOL MAINTENANCE PROGRAM

HE1280-11-R-0001

1. Introduction: This Quality Assurance Surveillance Plan (QASP) has been developed in conjunction with the Performance Work Statement (PWS) to assist the Contracting Officer’s Representative (COR) in evaluating contractor performance. This Plan is intended solely for use by Government officials and is incorporated into this contract for information purposes only. This Plan will serve as a guide for the COR and QAEs to perform evaluations, assess performance, ensure contract compliance, to document performance and recommend actions to the Contracting Officer (CO) through the life of the contract. It is designed to provide an effective method of monitoring performance for each service listed in the PWS.

The Plan is based on the premise that the Contractor is responsible for delivering quality services to the Government in accordance with their Quality Control Plan (QCP).

2. Objective: The objective of this plan is to provide a systematic method to evaluate the services the Contractor is required to furnish and identify the Government’s roles, procedures and forms for specific use in rendering evaluations and assessing performance during the life of the contract. The plan will assist the COR in filing reports and making recommendations to the CO. The documentation generated pursuant to this plan is intended to provide an audit trail for the Government.

3. Applicability: This Plan will be used by government personnel in the assessment of contractor performance of the requirements expressed in the PWS to provide support for the Mediterranean School Maintenance Program (MSMP). This requirement is for support services for designated schools in the DoDDS-Europe Mediterranean District to include the Area Office in Vicenza, Italy. The support services to be performed are for Facilities, Grounds, Custodial, Pest Control, Lunchroom, Hazardous Materials/Asbestos and Minor Construction.

4. Changes: This Plan is open to change, clarification and improvement over the life of the contract.

Suggestions may be submitted to the cognizant CO at the DoDDS-Europe Procurement Office (DEPO).

Suggestions will be discussed with DoDDS-E Facilities personnel and amendments will be made to this Plan as warranted.

5. Responsible Parties

a. Contracting Officer (CO) – A Government official assigned to the Contracting Office authorized by written warrant to enter into, administer, terminate and issue delivery orders under contracts. The CO is the only Government official authorized to obligate funding. The CO provides written appointment of Performance Assessment personnel and has the final responsibility for Performance Assessment in accordance with FAR Part 42. The CO is the final decision authority for any performance-based deductions or other adjustments or penalties levied on the Contractor for failure to perform.

b. Contracting Officer’s Representative (COR) – A Government official appointed by the CO responsible for a variety of contract administration duties, including oversight of Performance Assessment, review of invoices and technical acceptance of services. The COR is responsible for coordination with the Contractor over technical and performance matters as governed by the Performance Work Statement and the terms and conditions of the contract. The COR provides technical assistance to the CO and performs performance assessment in accordance with the guidelines expressed in this Plan.

c. Quality Assurance Evaluator (QAE) - Appointed by the COR to support performance measurement. The QAE is responsible for the surveillance of the contract in the designated area assigned. The QAE has no authority to direct or allow the Contractor to deviate from contract requirements or to issue modifications directly to any of the Contractor’s personnel.

d. Contract Specialist (CS) – A Government employee working with the CO to perform a broad range of administrative duties, including preparation and processing of contractual documents, tracking funding, liaison between Contractor and Government personnel, and provision of accurate and appropriate information to the CO and other contractual parties.

6. Definitions:

a. Contract – An agreement between the Government and Contractor enforceable by law.

b. Performance Work Statement (PWS) – Document which describes the total requirement in terms of work descriptions, frequencies and performance standards. It also contains definitions, administrative requirements and references to applicable specifications and standards.

c. Contract Administration – All activities concerned with management of the contract. The focus of Contract Administration is to ensure that the requirements expressed in the contract are fully met and that all terms and conditions are honored by both the Contractor and the Government.

d. Performance Assessment – Actions taken by Government personnel to determine the quality of Contractor conformance and nonconformance with contract requirements.

e. Quality Control Plan - Document provided by the Contractor with its proposal (and incorporated into the contract) that describes the Contractor’s Quality Control system. This Plan describes the resources and processes that will be put in place to ensure that all contract requirements are met.

7. Performance Standards

Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets or does not meet these standards.

The Performance Requirements Summary Matrix, section 6.4 in the PWS, includes performance standards. The Government will use these standards to determine contractor performance and will compare contractor performance to the Acceptable Quality Level.

Performance Objective Performance Standard

Acceptable Quality Level

Methods of Inspection

Incentives

Personnel List (Section 4.2)

Provide a list of all personnel to perform services on the contract

Within 45 calendar days of contract award and within 5 business days of updates made by the contractor

5 calendar days after due date

100%

Positive or negative performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Performance Requirements (Section 5.1)

Drawings, plans, and/or Upon submission of Positive or negative specifications submitted with proposal as required or requested (Section 5.1.4.4)

Contractor’s WO or PWR proposal performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Work Orders (Section 5.1.3)

Emergency Work Orders are responded to in accordance with the PWS (Section 5.1.3.1)

Initiated immediately, technician on-site within 1 hour during duty hours or 2 hours during non-duty hours of notification and all remaining work completed within 2 calendar days

Random, Unscheduled, Planned, Validated Customer

Complaints

Positive or negative performance will be documented in the contractor performance assessment report system

(CPARS)

Emergency Work Orders are completed in accordance with the PWS The work performed is of a quality standard

Planned, Validated Customer

Complaints

Positive or negative performance will be documented in the contractor performance assessment report system

Urgent Work Orders are responded to in accordance with the PWS (Section 5.1.3.2)

Initiated within 2 hours after receipt of call during duty hours and all remaining work completed within 3 business days

95%

Planned, Validated Customer

Complaints

Positive or negative performance will be documented in the contractor performance assessment report system

Urgent Work Orders are are

Planned, Validated Customer

Complaints

Positive or negative performance will be documented in the contractor performance assessment report system (CPARS) database.

General Work Orders are responded to in accordance with the PWS (Section 5.1.3.3) Completed within 10 days after receipt of work order

90%

Planned, Validated Customer

Complaints

Positive or negative performance will be documented in the contractor performance assessment report system

General Work Orders are

Planned, Validated Customer

Complaints

Positive or negative performance will be documented in the contractor performance assessment report system

Project Work Requests are

Completed within established period of performance

Planned, Validated

Positive or negative performance will be documented in the contractor performance assessment report system the PWS Customer Complaints

Project Work Requests are

Planned, Validated Customer

Complaints

Positive or negative performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Preventative Maintenance (Section 5.1.5)

Preventative Maintenance (PM) Schedule – Submit a list of non-routine maintenance initiatives (Section 5.1.5)

Draft - 45 calendar days after contract award.

Every 6 months from contract award date performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Non-Routine PM - Submit a list of non-routine preventative maintenance initiatives that will sustain or extend the life of installed equipment and facilities and/or reduce the cost of equipment operations and maintenance (Section 5.1.5)

Draft - 45 calendar days after contract award.

Every 6 months from contract award date performance will be documented in the contractor performance assessment report system

Implement scheduled PM functions IAW approved PM schedule

PM is conducted IAW approved PM schedule

Planned, Validated Customer

Complaints

Positive or negative performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Record all PM information via the work management system (Schooldude.com)

Within 7 business days after completion

Planned

Positive or negative performance will be documented in the contractor performance assessment report system

(CPARS)

Warranties (Section 5.1.8)

Input, maintenance and consultation of warranties via the work management system (Schooldude.com)

Installment of new items with warranty data

Planned

Positive or negative performance will be documented in the contractor performance assessment report system

(CPARS)

Facilities (Section 5.2)

Develop and submit a quality comprehensive facilities inspection program for each facility

Within 45 calendar days after contract award performance will be documented in the contractor performance

(Sections 5.2.1 – 5.2.10) assessment report system

(CPARS)

database.

Implement the approved quality comprehensive facilities inspection program for each facility (Sections

5.2.1 – 5.2.10) IAW approved program

Planned, Validated Customer

Complaints

Positive or negative performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Submit facilities inspection program report(s) for Sections

5.2.1 – 5.2.10

Within 24 hours of identification of a deficiency(s), submit an inspection report utilizing the work management system (Schooldude.com)

Planned

Positive or negative performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Develop and submit a quality comprehensive facilities maintenance program for each facility (Sections 5.2.1 – 5.2.10) performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Implement the approved quality comprehensive facilities maintenance program for each facility (Sections

5.2.1 – 5.2.10) IAW approved program

Planned, Validated Customer

Complaints

Positive or negative performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Record all facilities repairs and maintenance data via the work management system (Schooldude.com) (Sections

5.2.1 – 5.2.10)

Within 5 business days of completion of work

98%

Planned

Positive or negative performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Maintain, repair, and/or replace in accordance with manufacturers’ recommendations

Upon discovery of deficiency(s)

Planned, Validated Customer

Complaints

Positive or negative performance will be documented in the contractor performance assessment report system

(CPARS)

database.

The fire protection system inspection and maintenance shall be in compliance with US National Fire Protection Association 101 deficiency(s)

Planned, Validated Customer

Complaints

Positive or negative performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Pest Control (Section 5.3) comprehensive pest control inspection program for each facility.

(Section 5.3)

Within calendar 45 days performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Implement the approved quality comprehensive pest control inspection program for each facility (Section 5.3) IAW approved program

Planned, Validated Customer

Complaints

Positive or negative performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Submit a pest control inspection program report(s) (Section 5.3)

Within 24 hours of identification of a deficiency(s), submit an inspection report utilizing

Planned

Positive or negative performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Develop and submit a quality comprehensive pest control maintenance program for each facility (Section 5.3) performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Implement the approved quality comprehensive pest control maintenance program for each facility (Section 5.3) IAW approved program

Planned, Validated Customer

Complaints

Positive or negative performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Record all pest control maintenance data via the work management system (Schooldude.com) (Section 5.3)

Within 5 business days of completion of work

Planned

Positive or negative performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Grounds Maintenance (Section 5.4) comprehensive grounds maintenance program for each facility.

(Section 5.3) performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Implement the approved quality comprehensive grounds maintenance program for each facility (Section 5.3) IAW approved program

Planned, Positive or negative performance will be documented in the contractor performance

Validated Customer

Complaints assessment report system

(CPARS)

database.

Custodial (Section 5.5) comprehensive custodial program for each facility.

(Section 5.3) performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Implement the approved quality comprehensive custodial program for each facility (Section 5.3) IAW approved program

Planned, Validated Customer

Complaints

Positive or negative performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Hazardous Materials/Asbestos (Section 5.6) comprehensive HAZMAT inspection program for each facility (Section 5.6) performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Implement the approved quality comprehensive HAZMAT inspection program for each facility (Section 5.6) IAW approved program

Planned, Validated Customer

Complaints

Positive or negative performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Submit inspection Report utilizing the work management system (Schooldude.com) (Section 5.6)

Within 24 hours of identification of a deficiency(s), submit an inspection report utilizing

Planned

Positive or negative performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Comply with the Asbestos Hazard Emergency Response Act (AHERA) and applicable host nation asbestos regulatory guidelines for ACM (Section 5.6) deficiency

Planned, Validated Customer

Complaints

Positive or negative performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Minor Construction (PWS Section 5.7)

Conduct Final Inspection and Acceptance for all minor construction work with COR or designated DoDDS personnel.

Upon completion of work within contract stated performance time performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Transition (Section 5.8) Perform Transition– In/Transition-Out functions in an effective, efficient manner as outlined in the PWS to facilitate a seamless transition (PWS Section 5.8.1 and 5.8.2)

All necessary personnel actions, deliverables and other actions are completed within 60 calendar days

10 calendar days performance will be documented in the contractor performance assessment report system

(CPARS)

database.

Quality Control (Section 7)

Contractor Quality Control Plan Please note that this performance standard is independent of the other standards; therefore the Contractor shall meet this standard in addition to the other standards

Perform and administer quality control program including subcontractor management if applicable in accordance with QCP

Planned, Validated Customer

Complaints

Positive or negative performance will be documented in the contractor performance assessment report system

(CPARS)

Reporting (Section 8)

Contractor Monthly Status Report

Submitted within 10 calendar days of the following month of performance

3 calendar days performance will be documented in the contractor performance assessment report system

8. Methods of Surveillance

This Plan is predicated on the assumption that the Contractor is to perform sufficient quality control to ensure that all requirements in the PWS and all other contractual terms and conditions are met. The Government’s role is to ensure that the Contractor’s performance of quality control is sufficient to ensure that all requirements in the PWS are met and that all other contractual terms and conditions are met.

There are five surveillance methods that will be used to evaluate the contract work: Planned Sampling Inspection, 100% Inspection, Customer Complaints, Unscheduled Inspections, and Random Sampling Inspections.

a. Planned Sampling Inspections

Planned sampling is based on evaluating a portion of the work as the basis for appraising the Contractor’s performance. Samples are selected based on a subjective rationale with the sample size being arbitrarily determined by the COR. Planned sampling is useful when population sizes are not large enough or homogeneous enough to make random sampling practical. Planned sampling is recommended for the inspection of work orders, preventative maintenance inspections, repairing of buildings, start-up/shut-down of HVAC systems. During periodic inspections, the QAE and/or COR should rarely see any unreported deficiencies.

a. Sample Size

The COR and/or QAEs must follow the documented criteria to be used for sample selection as outlined in the QASP and PWS. The documentation should include:

rationale for selection of specific work occurrences, sample size requirements, and impact on services that receive little or no evaluation.

b. Planned Sampling Analysis of Results

At the end of the monthly rating period, the COR will summarize the surveillance data and compute the Acceptable Quality Level (AQL) rating for each performance standard in the PWS.

c. To determine an AQL percentage rating,

(1) Determine how many times the service is expected to be provided during the surveillance period (population).

(2) Determine what the maximum number of nonconforming services for the given requirement for the period the Government should tolerate (number of accepted nonconforming services or materials).

(3) Subtract the number of accepted nonconforming services from the population to determine the number of number of required services that should be performed satisfactorily (acceptable services).

(4) Then divide the number of acceptable services by the population to determine the AQL.

(5) All of the above data shall be documented. Statistical data supporting all elements rated as unsatisfactory shall be included in the Monthly Government Performance Assessment Report.

AQL = Total Number of Approved Service occurrences/ Sample

b. 100% Inspection

100% Inspection is an evaluation method that requires complete 100% inspection of a major contract requirement. The AQL analysis for 100% inspection will be based on 100 % inspection of all work associated with the requirement and the AQL established in the PWS. The analysis requires the summarization of all surveillance data and the computation of the AQL. The AQL is computed by the same method as in the planned sampling.

To determine an AQL percentage rating

(1) Determine how many times the service is expected to be provided during the surveillance period (population).

(2) Determine what the maximum number of nonconforming services for the given requirement for the period the Government should tolerate (number of accepted nonconforming services).

(3) Subtract the number of accepted nonconforming services from the population to determine the number of number of required services that should be performed satisfactorily (acceptable services).

(4) Then divide the number of acceptable services by the population to determine the AQL.

(5) All of the above data shall be documented. Statistical data supporting all performance standards rated as unsatisfactory shall be included in the Monthly Government Performance Assessment Report.

AQL = Total Number of Approved Service occurrences/ Sample

c. Unscheduled Inspections

i. There are usually opportunities for unscheduled inspections that may be able to be carried out in an effective manner in conjunction with scheduled inspections of other contract requirements or in an impromptu fashion on the way to or from another commitment. Analysis of Unscheduled Inspections results requires the summarization of surveillance data and the computation of the AQL. The AQL is computed by the same method as in the planned sampling.

ii. For example, the COR and/or QAE may be monitoring work orders for on-time response.

Incident to that inspection, he/she may notice that the SchoolDude information is not complete and unsatisfactory to meet specific standards. This constitutes an unscheduled inspection. It will not be used as a primary method of surveillance. Decisions on what to inspect are usually arbitrary; they are made simply “because you are there”. Unscheduled Inspections will be used as a supplement to other methods. In some cases, a requirement with few work occurrences and few locations can be inspected by Unscheduled Inspection, but only if it is a relatively non-critical requirement and does not require inspection immediately upon completion.

iii. Unscheduled inspections may also be used to further identify how far ranging problems may be which has been previously identified using planned sampling, or customer complaints. When a problem is identified in the performance of a requirement, additional unscheduled inspections may be performed to identify if the problem exists in more than the one location previously inspected and will provide additional information to the COR and CO in instituting contract administrative actions. All items of work that are found to be unsatisfactory by the QAE’s will be identified to the COR and, if significant enough, to the CO for action.

d. Validated Customer Complaints and Customer Feedback

Customer Complaints constitutes a surveillance method based on customer awareness, timeliness in completing work orders, and customer satisfaction ratings. Customers, for the services included in this requirement, include the entire DoDDS-E community, from school administrators and teachers to support staff and students. Any person who observes what may appear to be a deficiency in service or something that needs repair or correction may provide Customer Feedback. Customers provide feedback in SchoolDude or notify the COR and/or QAEs when there is a case of perceived poor performance, untimely performance, or non-performance. The

COR may also release a survey on a quarterly basis to all SchoolDude registered users as a method of receiving feedback for contractor performance.

Upon notification, the COR and/or QAEs investigate the report and, if valid, document the performance problem, thereby validating the complaint.

i. Documenting Customer Complaints

Normally customer complaints are received from SchoolDude or directly from the customer to the COR and/or QAEs. The information recorded contains the following data for each complaint:

(1) Date and time of complaint

(2) Source of complaint - organization and/or individual

(3) Nature of complaint (narrative description)

(4) Valid complaint (Yes or No) (Validation)

(5) Signature of the person validating the Complaint

(6) Date and time the Contractor is informed of valid complaint

(7) Action taken by Contractor and date/time

(8) Verification by COR that action is completed

ii. Customer Complaint Validation

(1) Only validated complaints are allowable as described above. In order to validate a customer complaint, the COR and/or the QAE must physically review the performance in reference against the standard in the Contract. The complaint is validated only if the performance standard was not met.

(2) If the contract standard was met, then the COR and/or QAE will discuss the complaint with the customer and the standards of performance that are expected and the complaint will not be counted as a nonconforming service in evaluating the performance of the Contractor.

iii. Customer Feedback

Customer Feedback can also provide information on a work activity that was well-performed.

This information will be kept on file and relayed to the Contractor via the Government Performance Assessment Report.

e

. Random Sampling Inspections

This is usually the most appropriate method for recurring tasks. While 100 percent inspection has g l little margin for error, it is too expensive to be used in most cases. With random sampling, services are sampled to determine if the level of performance is acceptable. Random Samplin may be used when some part but not all of the Contractor’s performance is to be evaluated.

For tasks surveyed by random sampling procedures, random selection should be generated by either a statistically valid computer program or by using a random number table. The COR wil use http://www.randomizer.org/ for random sampling. When selecting random samples, the number of selections should exceed the required sample size by at least 10 percent to allow fo situations where a selected sample cannot be evaluated.

r

8. Choosing Surveillance Inspection Methods

The Government reserves the right to use any of the above-defined surveillance inspection methods as it tors

. Ratings and Acceptable Quality Level

a. Ratings: The inspection methods are designed to determine if performance meets or does not meet

Satisfactory: Performance meets contractual requirements.

Unsatisfactory: Performance does not meet contractual requirements.

b. Acceptable Quality Level: The attached checksheets may be used to serve as a tool to evaluate the ceptable: The Government will document positive performance.

ii. Unacceptable: When unacceptable performance occurs, the COR will inform the Contractor.

When the COR determines formal written communication is required, the COR will prepare a he Contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the ny CDRs may become a part of the supporting documentation for contract payment deductions or other actions deemed necessary by the CO.

deems appropriate: Planned Sampling Inspections, Unscheduled Inspections, Customer Complaints, 100% Inspections or Random Sampling Inspections. These methods are selected based on several fac including population size, relative work importance, and service times.

a given standard and AQL. The following ratings will be used:

Contractor’s performance as it applies to particular standards.

i. Ac

This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR will document the discussion and place it in the COR file.

Contract Discrepancy Report (CDR) and present it to the Contractor’s Contract Manager.

T Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and a void a recurrence. The CDR will also state how long after receipt the Contractor has to present this corrective action plan to the COR. The Government will review the Contractor’s corrective action plan to determine acceptability.

A http://www.randomizer.org/ thly Government Performance Assessment R10. Mon eport and Contract Payment Deductions separate and distinct contract administrative action. This will be based upon the COR’s analysis orming materials or services are recorded for each work occurrence that either is not performed or is performed unsatisfactorily and is incorporated into the Monthly Government not wever, ue to the contractor’s performance providing nonconforming services, supplies and/or do to the rework process, the Government

a. Deductions, while related to Quality Assurance Surveillance Plan (QASP) evaluation are a and the COR’s and/or QAE’s inspections which will document nonconforming services in the Monthly Government Performance Assessment Report regardless of the inspection method executed.

b. Nonconf

Performance Assessment Report and documented in the COR’s local contract file. For all methods of surveillance, deductions for only the inspected/observed and documented nonconforming services or supplies are appropriate. Simply stated, the Government should pay for a product or service not received, or received in an unsatisfactory condition; ho appropriate specific inspection and performance documentation of each nonconforming supplies or services must be captured before deductions are executed.

c. Should additional government QA inspections be required d in reserves the right to reduce the monthly contract payment by the actual cost to the Government to re-inspect contract work that has been inspected and found to be nonconforming services.

d. If a trend is observed by the COR of poor overall performance, or poor performance in a specific performance standard, the COR will notify the CO of the findings to resolve the

, the COR will send the Government Performance Assessment eport to the CO. The CO will send this to the Contractor’s Contract Manager. The Contractor t l provide a written response documenting the rationale for disputing each of the nonconforming n e appropriate invoice/voucher amount, the Contractor shall issue an invoice/voucher as directed by the CO and may seek additional

11. on Process information to the Contractor, COR and QAE personnel regarding this process-- if it becomes necessary to implement it. The FAR clause performance issue promptly.

e. If deductions are to be taken R will have five (5) business days to respond to the findings of the Monthly Government Performance Assessment Report. If the Contractor agrees with the report, the Contractor may generate an invoice/voucher for the amount identified by the CO in the final Governmen Performance Assessment Report issued to the Contractor for the previous month’s services.

f. If the Contractor disputes the finding in the report, the Contractor’s Contract Manager shal services or supplies cited in the report. After taking into consideration the findings identified i the Monthly Government Performance Assessment Report and any relevant and timely Contractor performance documentation provided by the Contractor’s Contract Manager, the CO will make a final determination and inform the Contractor and COR of the appropriate invoice/voucher amount that can submitted for payment.

g. If the Contractor and CO are still not in agreement on th payment via the disputes clause in the contract.

conforming Services and Supplies and ReworkN

a. This section is included in the QASP to provide guidance and has been adapted to provide instruction to the Government personnel. In part, the FAR states:

FAR 52.212-4 – Contract Terms and Conditions - Commercial Items

“(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test after the defect was discovered or should have been discovered; and bstantial change occurs in the condition of the item, unless the change is due to the defect in the item.

FAR 52 erms and Conditions - Commercial Items t has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including rms inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all ss otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, d y time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time

(2) Before any su

.212-4 Alternate I – Contract T

a) Inspection/Acceptance.

(1) The Governmen the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government perfo reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unle and they will be presumed accepted 60 days after the date of delivery, unless accepte earlier.

(4) At an delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements.

Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable t profit.]

(5) o

(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be erform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased

(ii) Fail cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notw y time require the Contractor to remedy by correction or replacement, without cost to the th, or willful misconduct on the part of the Contractor’s managerial personnel; or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under ctor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except correct or replace Government-furnished property shall be governed by the clause pertaining to performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—

(A) By contract or otherwise, p cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

ure to agree to the amount of increased ithstanding paragraphs (a)(4) and (5) above, the Government may at an

Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to--

(i) Fraud, lack of good fai

(ii) The conduct of one or reasonable grounds to believe that the employee is habitually careless or unqualified.

this contract.

(8) The Contra as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor’s obligation to

Government property.

b. The COR must furnish this data to the CO in writing, except that in urgent cases it may be furnished orally and later confirmed in writing. Before making a decision to accept, the CO must ake epeated tender of nonconforming services, itional ts withheld from payments generally should be at least sufficient to cover the e of the s it appears that the savings to the contractor in fabricating the nonconforming supplies k timely nature of rejection is not ce may in certain cases be implied as a matter of law and untimely notification

i. R o eliness f a monthly Preventative Maintenance is not successfully completed within these w deferments for up to a maximum of 30 ed and or needing to be reworked due to nonconforming rvices performed.

j. Red

In the event “rework” services are accomplished by other than the Contractor, deductions may be ma obtain the concurrence of the activity responsible for the technical requirements of the contract and, where health factors are involved, of the responsible health official of the agency concerned.

c. If the nonconformance is minor, the COR may make recommendations to the CO who will m the final determination whether or not to accept or reject the work.

d. The COR will assist the CO in discouraging the r including those with only minor nonconformances, by appropriate action, such as rejection and documenting the contractor’s performance record.

e. When services are accepted with critical or major nonconformances the CO may modify the contract to provide for an equitable price reduction or other consideration. In the case of cond acceptance, amoun estimated cost and related profit to correct nonconforming supplies or services and complete unfinished work.

f. The CO must document in the contract file the basis for the amounts withheld. This data will be provided to the CO by the COR. For services, the CO can consider identifying the valu individual work requirements or tasks (subdivisions) that may be subject to price reduction. This value may be used to determine an equitable adjustment for nonconforming services.

g. However, when services involving minor nonconformance are accepted, the contract need not be modified unles or performing the nonconforming services will exceed the cost to the Government of processing the modification.

h. Notices of rejection of work must be in writing using the Nonconformance Notification for Rewor Form with rationale for rejection of work. The notification shall be furnished promptly to the Contractor. Promptness in giving this notice is essential because, if furnished, acceptan may preclude the Contractor from re-performing a given service.

ework Process

1. The preferred way to resolve known nonconforming services or quality supplies/materials is t request performance (if unperformed initially), or re-performance (if performed unsatisfactorily).

2. The primary mission of the Government’s inspection is not to deny payment to a Contractor but to receive the desired services in a quality and timely manner. A requirement with tim as a performance requirement cannot be reworked in subsequent time period. For example, i weekly or timeframes agreed to, no credit can be given for that work being performed in a subsequent month.

3. On a case-by-case basis, the COR may agree to allo calendar days for work not perform substandard performance of the se uctions for Rework by Others de in accordance with the termination clause and the following procedures:

FAR 49.402-6, REPURCHASE AGAINST CONTRACTOR’S ACCOUNT

a) When the supplies or services are still required after termination, the contracting officer shall repurchase the same or similar supplies or services against the contractor’s account as soon as practicable. The contracting officer shall repurchase at as reasonable price as practicable, considering the quality and delivery requirements. The contracting officer may repurchase a quantity in excess of the undelivered quantity terminated for default when the excess quantity is needed, but excess cost may not be charged against the defaulting contractor for more than the undelivered quantity terminated for default (including variation a s in quantity permitted by the terminated contract). Generally, the contracting officer will make a decision whether or not to repurchase before issuing the as the authority. If the repurchase is for a quantity over the undelivered quantity terminated for default, the contracting officer ed, tion, discounts, etc. If the contractor fails to make payment, the contracting officer shall follow termination notice.

(b) If the repurchase is for a quantity not over the undelivered quantity terminated for default, the Default clause authorizes the contracting officer to use any terms and acquisition method deemed appropriate for the repurchase. However, the contracting officer shall obtain competition to the maximum extent practicable for the repurchase.

The contracting officer shall cite the Default clause shall treat the entire quantity as a new acquisition.

(c) If repurchase is made at a price over the price of the supplies or services terminat the contracting officer shall, after completion and final payment of the repurchase contract, make written demand on the contractor for the total amount of the excess, giving consideration to any increases or decreases in other costs such as transporta the procedures in Subpart 32.6 for collecting contract debts due the Government.

(d) If rework inspections are required and performed by the Government COTR or maintenance work Inspectors due to poor or incomplete work performance, the Government may effect a reduction in the monthly contract payment equal to the actual cost to the Government to perform each additional inspection and all associated

k. No e in writing using the Nonconformance Notification for Rework Form with

2. The Contractor may be credited for all accomplished rework completed within the contract rames, regardless of the surveillance method employed.

In Summ by which the Government intends to implement Quality

b. Provi administrative costs.

tification of Contractor Concerning Rework

1. In all inspection methods, the Government will notify the Contractor of observed nonconforming quality of materials or services in a timely manner. Notices of rejection of work must b rationale for the rejection of the work. The notification shall be furnished promptly to the Contractor.

required time f ary the QASP:

a. Documents the means and methods Assurance (QA) for a contract.

des the COR and QAEs with:

(1) A systematic plan for surveillance of the Contractor’s work.

(2) The methods for collecting information necessary to evaluate the Contractor's performance and justify contract administration actions such as final acceptance of contract d/or

(3) A basis for documenting the official contract files concerning the Contractor's erformance and quality of the work.

work performed or rejection of work performed resulting from nonconformance an unsatisfactory performance.

p

SAMPLE QUALITY ASSURANCE CHECKLIST/FORM

CONTRACT: Mediterranean School Maintenance Program

CONTRACT NUMBER: ______________________________

TASK ORDER NUMBER: _________________________

CONTRACT REQUIREMENT: Work orders

SITE: _______________________________________________________________

SURVEY PERIOD: __________________ TO ____________________________

1. Sampling Procedure Used: _____ Random Sampling _____ 100% Inspection _____ Periodic Inspection _____ Customer Complaint

2. Level of Inspection: Normal

3. Lot Size for Sampling: Total number of monthly Work orders = _____ Emergency

_____ Urgent

_____ Routine

4. Acceptable Quality Level: Emergency - 100%

Urgent – 95%

Routine – 90%

5. Sample Size: _____ Emergency

6. Reject Level: _____ Emergency

7. Date of Observation: ____________

8. Method of Selection:

_____________________Emergency

______________________ Urgent

______________________ Routine

9. Inspection:

a) Does the contractor respond to emergency work orders within1 hour during duty hours and 2 hours during non-duty hours and complete within 2 business days?

b) Does the contractor respond to urgent work orders within 2 hours during duty hours and complete within 3 calendar days?

c) Does the contractor respond to complete routine work orders within 10 calendar days?

d) Does the contractor utilize and maintain work order reports via SchoolDude?

10. Analysis of Results:

a) Service Provider Performance Measurement Rate ________ Emergency

Contractor’s Performance: ________ Satisfactory

________ Unsatisfactory

b) Service Provider Performance Measurement Rate ________ Urgent

c) Service Provider Performance Measurement Rate ________ Routine

11. Additional Comments:

Prepared by: _______________________________ Title: __________________________________

Date: _____________________________

Signature: _______________________________________

SAMPLE QUALITY ASSURANCE CHECKLIST/FORM

CONTRACT: Mediterranean School Maintenance Program

CONTRACT NUMBER: ______________________________

TASK ORDER NUMBER: _________________________

CONTRACT REQUIREMENT: Preventive Maintenance

SITE: ___________________________________________________________________

SURVEY PERIOD: _______________________ TO ______________________________

1. Sampling Procedure Used: _____ Random Sampling _____ 100% Inspection _____ Periodic Inspection _____ Customer Complaint

2. Level of Inspection: Normal

3. Lot Size for Sampling: Total operational days for month = _____________________

4. Acceptable Quality Level: Implementation - 95% Record Maintenance – 90%

5. Sample Size: __________________________

6. Reject Level: ______ Implementation ______ Record Maintenance

7. Date of Observation: ________________________________

8. Method of Selection: ________________________________

9. Inspection:

a) Does the contractor perform PM and correct deficiencies of PM in accordance with approved PM schedule?

b) Does the contractor maintain PM records during PM?

10. Do the Sampling Results fall below the Reject Level?

a) Implementation - 95%

b) Record Maintenance – 90%

11. Additional Comments:

Prepared by: _______________________________ Title: __________________________________

Date: _____________________________

Signature: _______________________________________

SAMPLE QUALITY ASSURANCE FROM – CUSTOMER COMPLAINT INVESTIGATION

Service or Standard: _________________________________________________________

Survey Period: ______________________________________________________________

Date/Time Complaint Received: __________________________

Complaint Received Via: ______ SchoolDude _________ QAE __________COR

Source of Complaint: ____________________________ (Name)

____________________________ (Organization)

____________________________ (Phone Number)

_____________________________ (E-mail Address)

Nature of Complaint: ___________________________________________________

Results of Complaint Investigation: ________________________________________

Date/Time Contractor Informed of Complaint: ________________________________

Corrective Action Taken by Contractor: _____________________________________

Received and Validated by:

Prepared by: _____________________________________ Title: _______________________

Date: _________________

NON-CONFORMANCE NOTIFICATION FOR REWORK

SITE:

WORK ORDER #

1. Date Government Received Completed Work Order:

2. Date of Initial Inspection:

3. NOTICE OF REWORK (circle) 1st 2nd 3rd 4th 5th

GOVERNMENT ACTION

4. TO (Site Manager Name):

5. FROM (Name of Government Representatives):

6. DESCRIPTION OF NON-CONFORMANCE (Describe in detail all discrepancies found during the inspection)

7. DATE TIME STAMP GIVEN TO CONTRACTOR

CONTRACTOR ACTION

8. MECHANIC (printed name) :

9. DATE RECEIVED FOR REWORK:

10. ACTIONS TAKEN TO CORRECT NON-CONFORMANCE (address each discrepancy described in section 6 above with action taken to correct the deficiency).

11. MECHANIC SIGNATURE:

12. DATE OF COMPLETION:

GOVERNMENT CLOSE OUT

13. DATE TIME STAMP RETURNED TO GOVERNMENT

14. INSPECTOR (printed name):

15. DATE OF REWORK INSPECTION:

16. REWORK INSPECTION OUTCOME (circle one)

PASS FAIL

IF FAIL, INITIATE A NEW REWORK

FORM AND ATTACH A COPY OF

THIS FORM.

17. SIGNATURE OF MECHANICAL WORK INSPECTOR:

18. DATE:

19. SIGNATURE OF QAE/COR:

20. DATE: